Overview

Chris Fox focuses his practice in the areas of Business Litigation, Intellectual Property, and Product Liability Litigation. His experience includes contractual and commercial disputes, restrictive covenant and unfair competition claims, the litigation of patent and trademark issues, and the defense of personal injury allegations such as strict liability, breach of warranty, and failure to warn. Mr. Fox frequently appears in state and federal courts across Georgia, arguing numerous dispositive motions and acting as trial counsel in jury and bench trials. Mr. Fox is currently listed as a "Rising Star" by Georgia Super Lawyers magazine.

Mr. Fox is admitted to practice in all Georgia and Tennessee trial and appellate courts, as well as all Georgia and Tennessee federal courts and the United States Court of Appeals for the Sixth and Eleventh Circuits. He is also a registered mediator and arbitrator with the Georgia Commission on Dispute Resolution

Experience
Business and Tort Contractual Disputes
  • Lindley v. Federal Deposit Insurance Corporation, as Receiver of the business and property of Darby Bank & Trust Co., et al., 733 F.3d 1043 (11th Cir. 2013). Obtained summary judgment in FDIC’s favor pursuant to the D’Oench doctrine in litigation arising from multi-million dollar commercial transaction and involving allegations of negligent representation, breach of contract, breach of warranty, and fraud. Ruling affirmed by 11th Circuit on appeal.
  • Zurab Lezhava v. Wilmington Trust Co., et al., 459 Fed. Appx. 812 (11th Cir. 2012). Secured summary judgment on multimillion dollar breach of contract claims.
  • Cornelius v. U.S. Bank Natl Assn, 452 Fed. Appx. 863 (11th Cir. 2011). Obtained dismissal pursuant to Fed. R. Civ. P. 12(h)(3) (lack of subject matter jurisdiction) of claims for fraud, defamation, slander of title, and injunctive relief.
  • Trident Development Co., LLC v. Federal Deposit Insurance Corporation, as Receiver for American Trust Bank and Midlands Loan Services, No. 1:12-cv-02210-RWS, 2013 U.S. Dist. LEXIS 42786 (N.D. Ga. Mar. 26, 2013). Obtained dismissal of claims for promissory estoppel, breach of contract, wrongful foreclosure, and injunctive relief on basis that claims were not initially submitted to compulsory administrative procedures outlined in the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
  • Fairfax v. Wells Fargo Bank, N.A., et al., 312 Ga. App. 171, 718 S.E.2d 16 (Ga. App. 2011). Represented trustee and loan servicer in suit seeking to enjoin liquidation of collateral. Obtained dismissal pursuant to O.C.G.A. § 9-11-12(b)(6) (failure to state a claim upon which relief can be granted), which was affirmed by the Court of Appeals.
  • Warque v. Taylor, Bean, & Whitaker Mortgage Corp., et al., No. 1:09-cv-1906-ODE-CCH, 2010 U.S. Dist. LEXIS 142119 (N.D. Ga. Aug. 18, 2010). Obtained dismissal pursuant to Fed. R. Civ. P. 12(b)(6) (failure to state a claim upon which relief can be granted) of claims for violations of federal and state consumer financial laws.
  • Represented Atlanta attorney sued for legal malpractice, breach of fiduciary duty, and breach of contract arising from prior representation in personal injury action. Obtained summary judgment on attorneys behalf as to all claims, and ruling was affirmed by Court of Appeals in published opinion.*
  • Lead counsel at bench trial held in South Georgia defending breach of contract claims against area business. Verdict less than 10 percent of plaintiff's final pre-trial demand.*
  • Lead counsel at bench trial held in Metro Atlanta seeking to recover monies owed pursuant to contract for commercial property renovations. Obtained verdict for full amount sought.*
  • Counsel on behalf of a secured lender at Atlanta jury trial involving condemnation of real property. Property value was ultimately determined by the jury to be substantially higher than that proposed in the governments original assessment.
  • Represented a secured lender in evidentiary hearing held in Metro Atlanta in complex confirmation proceeding relating to subdivision. Trial courts order in favor of lender was affirmed by Georgia Court of Appeals in unpublished decision.
  • Counsel at a three-week jury trial held in North Georgia resulting in full defense verdict as to all claims brought by more than 30 plaintiffs seeking monetary relief and to enjoin Fortune 100 companys business operations.*
  • Representation of a secured lender in intercreditor dispute with another secured creditor and loan servicer arising from master servicing agreement and loaned amounts exceeding $30 million.
  • Defense of a U.S. government corporation in federal court litigation arising from cancellation of financial instruments issued by failed bank.
  • Numerous representations of individuals and corporate entities in disputes with vendors for monies allegedly owed pursuant to service agreements and other contracts.
  • Numerous defenses of financial institutions and mortgage loan servicers against claims for violations of consumer financial laws, including those arising under the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and related state statutes including the Georgia Fair Business Practices Act (FBPA) and the Georgia Residential Mortgage Act (GRMA).
  • Multiple defenses of employers in litigation alleging violations of Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), the Age Discrimination in Employment Act (ADEA), and/or the Americans with Disabilities Act (ADA) as amended in 2008 (ADAAA).
  • Multiple successful enforcements of creditors rights in bankruptcy court proceedings.
Personal Injury Tort Litigation
  • Defense of a specialty chemicals and materials manufacturer against claims for personal injuries allegedly sustained while plaintiff was loading delivery vehicle at Georgia facility. Obtained summary judgment as to all claims, which ruling was affirmed by U.S. Court of Appeals, Eleventh Circuit, in unpublished opinion.
  • Representation of a natural gas distribution utility in three separate lawsuits arising from explosion and fire. Summary judgment for the defense was entered in each of the three cases.
  • Multiple defenses of negligence and premises liability claims brought against logistics company for injuries allegedly sustained at warehouse where inventory is stored.
  • LAZ Parking/Georgia, Inc. v. Jones, 294 Ga. App. 122, 668 S.E.2d 547 (Ga. App. 2008). After trial court denied motion to dismiss negligence action arising from alleged injuries sustained in parking lot, successfully obtained reversal, resulting in dismissal of entire suit, on grounds that process was not served until statute of limitations had expired.*
  • Cincinnati Insurance Company v. Mid-South Drillers Supply, Inc., et al., No. M2007-0024-COA-R3-CV, 2008 Tenn. App. LEXIS 39 (Tenn. App. Jan. 25, 2008). In litigation arising from well-drilling machine explosion, defended company alleged to have manufactured defective hose. Summary judgment entered by trial court as sanction for spoliation, and ruling was affirmed on appeal.*
  • Aderhold v. Lowes Home Centers, Inc., 284 Ga. App. 294, 643 S.E.2d 811 (Ga. App. 2007). Defended claims premised upon doctrine of res ipsa loquitur for personal injuries sustained at store location. Summary judgment upheld on appeal.*
Intellectual Property and Trade Secrets Litigation
  • Representation of a product manufacturer in federal court litigation involving allegations of patent infringement and trademark infringement, as well as related state law unfair competition claims.
  • Representation of a broker dealer in FINRA arbitration involving claims for breach of operating agreement and employment agreements by former managers.
  • Litigated validity and enforceability of non-solicitation and non-compete portions of franchise agreement in dispute involving allegations of breach of contract and violation of the Georgia Trade Secrets Act.
  • Vito v. Inman, et al., 286 Ga. App. 646, 649 S.E.2d 753 (2007). Successfully obtained reversal of trial courts denial of summary judgment on misappropriation of trade secrets claim, resulting in judgment as a matter of law with respect to entire suit.*

 

* Representations handled by Chris prior to joining Thompson Hine LLP.

Publications
  • "Statute of Repose  Different Parts, Different Limits?", Institute of Continuing Legal Education in Georgia, Product Liability Seminar Materials, March 2010
  • "The Causation Key, an Analysis of the Proximate Cause Element of Legal Malpractice," Institute of Continuing Legal Education in Georgia, Winter Seminar Materials, February 2008
  • "The Entry and Exit Into the Mind of the Jury," Institute of Continuing Legal Education in Georgia, Winter Seminar Materials, February 2007
Distinctions
  • AV Preeminent Rated by Martindale-Hubbell in Litigation, Business Law, and Commercial Law
  • Selected as a Rising Star by Georgia Super Lawyers magazine, 2013-2014
  • Atlanta Bar Foundation Law Jam 2013: Battle of Atlanta Lawyers' Bands (first place overall and best original song)
  • Atlanta Bar Foundation Law Jam 2011: Battle of Atlanta Lawyers' Bands (first place overall and best original song)
  • Award for Outstanding Public Service from Pro Bono Project of State Bar of Georgia, 2006 to 2007
Professional and Civic

Professional Associations

  • American Bar Association
  • Atlanta Bar Association
  • Federal Bar Association
  • Georgia Bar Association
  • Tennessee Bar Association
  • State Bar of Georgia Young Lawyers Division, Litigation Committee

Community Activities

  • Midtown Atlanta Rotary Club, Membership Committee
  • University of Tennessee Alumni Network, board member (Atlanta Region)
  • Atlanta Track Club
  • Service Juris Steering Committee, 2009 to 2012
  • Vanderbilt Law School Alumni Board, 2005 to 2009



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